The Decree of 321: Cologne, the Emperor and Jewish History
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The Decree of 321: Cologne, the Emperor and Jewish History
Contents Foreword 3 Emperor Constantine’s decree 5 Early Judaism in Central Europe 5 The Theodosian Code (Latin: Codex Theodosianus) 11 321 - The decree 11 2021: 1700 years of Jewish life in Germany 14
Foreword
Milena Karabaic, Foto: Heike Fischer/LVR Dr. Thomas Otten, Foto: Sharon Nathan/LVR
Dear readers and friends of the MiQua,
In 321, the Roman emperor Constantine issued The future MiQua, the LVR-Jewish Museum
a far-reaching decree in response to a request in the Archaeological Quarter of Cologne, has
from Cologne: in the future it would be possible a central position in this national anniversary
to appoint Jews to the city’s governing body, year as it will be telling the story of 2000 years
or curia, and so to public office. This decree of Cologne’s history, and thus also the history
is the earliest surviving document indicating of the Jews who have lived here. The Jewish
the existence of a Jewish community north of community has been part of Germany‘s society
the Alps. 2021 will therefore be an anniversary and German history since 321 and their history
year, looking back at 1700 years of Jewish life in includes displacement and marginalisation,
Germany. To celebrate this long history, nume- pogroms and murder.
rous events have been planned throughout the
country.
3
As part of the Rhineland Regional Council, we ducted at the universities of Cologne, Heidelberg
see it as our duty to help shape this anniversary and Frankfurt.
year, sparking cultural, political and interfaith
dialogue within our society and sending out a It therefore seemed appropriate to provide a
clear signal against rising anti-Semitism. brief introduction to the historical context sur-
rounding the decree from 321, which will serve
What better way to do this than to share the as an initial guide for all those interested in
LVR‘s activities in this direction with the general understanding this unique source. This publica-
public? With the establishment of the MiQua, tion reflects the current status of research on
currently being constructed on Cologne‘s town Judaism north of the Alps in the first millennium
hall square, and the small but active LVR CUL- and explains the meaning of the Theodosian
TURAL CENTRE - Rödingen Village Synagogue, Code (Latin: Codex Theodosianus), a late antique
we aim to raise awareness of 1700 years of compilation of laws from the early 5th century.
continuity of Jewish life in the city of Cologne, in It also presents the decree against the backdrop
rural areas and in Germany as a whole. of the religious situation in the Roman Empire
The MiQua will take part in a wide range of before Constantine. Interpretations based on ar-
events throughout the anniversary year. These chaeological and historical sources are included.
include an exhibition in Cologne entitled „1700
Years of Jewish Life in Germany“, a touring We wish you an enjoyable read and hope this
exhibition at various venues in the Rhineland and brochure will leave you eagerly anticipating the
North Rhine-Westphalia, an academic sympo- wide variety of events organized for the anniver-
sium, a public lecture series and seminars con- sary year.
Milena Karabaic Dr. Thomas Otten
Head of LVR-Department of Culture and Regional Cultural Heritage Director MiQua. LVR-Jewish Museum in the Archaeological Quarter
4
Emperor Constantine’s decree Early Judaism in central Europe
In the early 4th century, Cologne, the capital of Earliest evidence in Cologne
the small Roman province of Lower Germania, More than half a century ago, excavations car-
attracted the attention of the Roman emperor ried out by Otto Doppelfeld in 1953 and 1956 at
Constantine. The members of the governing the site of Cologne‘s town hall square, the town
body of the Roman colony Colonia Claudia Ara hall chapel and the former Imperial Governor‘s
Agrippinensium had appealed to the emperor Palace (the Praetorium) revealed a synagogue
about an administrative matter, and it appears and a mikveh, uncovering evidence of early
he dealt with the issue promptly. In response to Judaism in Germany. These excavations sparked
their appeal, he issued a decree that would apply wide interest in this historical period. However,
to the whole of the Roman Empire. today there are not many more sources avai-
lable than there were half a century ago. As a
Constantine’ decree from 321 permitted provin- result, the summaries on early Judaism written
cial cities to appoint Jews to the city’s governing in the 1960s remain largely valid today. Current
body, though it included some special dispen- excavations confirm the picture obtained at that
sations. Today, this decree sheds light on the time: Cologne’s decree from 321 represents the
Jewish history of Cologne in late antiquity. A uni- earliest evidence of this kind north of the Alps.
que source of evidence for historical research, Moreover, together with Worms and Speyer,
analysing its content offers a degree of certainty, Cologne has the earliest archaeological features
but also uncertainty, stimulating interpretation demonstrating the existence of early Jewish
and speculation. life in the Kingdom of Germany: the synagogue,
built in the early 11th century, and the mikveh,
This brief account will demonstrate the possibili- probably constructed around the same time. Of
ties and limitations of this decree in terms of the course, iconic Jewish buildings in the northern
conclusions it enables us to draw about Jewish diaspora may have had an entirely different de-
life in Cologne and the Roman provinces in late sign to those in the Eastern Mediterranean area,
antiquity. Comparing the decree to other written where examples from as early as the 3rd century
and archaeological sources will not only de- have been found. It is therefore possible that
monstrate its unique value, it will also illustrate archaeologists have not yet recognized older
the scarcity of existing early evidence of Jewish synagogues at other locations for what they are,
history and culture in the first millennium. which may be the case in Augsburg, for example.
The decree is of fundamental importance to The archaeology of Judaism
the “2021 - Jewish life in Germany” project. It While evidence of the existence of even earlier
represents the starting point for all deliberations Jewish settlements can be found in Southern
on early Jewish history in Central Europe and, Europe, this is not the case in the northern
combined with existing archaeological sources Alpine region. It appears that Jews did settle
from two thousand years of Cologne’s city here, but only a few written records, scattered
history, underpins the narrative of the MiQua in inscriptions and small finds attest to their pre-
Cologne, the future LVR Jewish Museum in the sence in late antiquity and the early Middle Ages.
city’s Archaeological District. (to) Accordingly, it is possible that Jews lived here at
5
Figure 1: Map of Jewish archaeological discoveries from the 1st millennium made north of the Alps. Image: Christoph Duntze / LVR according to information provided by Sebastian Ristow / LVR, data as of 2020. 6
the centre of society, but left few material traces
behind. It is not until the beginning of the High
Middle Ages (11 century) that a clearer picture
of early Jewish history in Germany and France
emerges.
Artifacts from late antiquity with Jewish charac-
teristics have been found in the northern Alpine
region: an oil lamp from the 4th or 5th century
bearing an image of the menorah came to light
during an excavation of St. Gallus in Augsburg.
A Roman lead seal depicting the menorah was
also discovered in Mertingen-Burghöfe and is
well known as a metal detecting find.
During the rule of Emperor Valentinian I
(364–375), an edict was issued in Trier banning
Roman soldiers from being quartered in syn-
agogues. Trier is also known for its artifacts
showing Jewish images from the late antique
period. These come from private collections and
have been classed as stray finds. Three weights
bearing Hebrew abbreviations for weight are
known to come from such private collections.
Although it is not clear precisely where they
were found, they are generally associated with
Trier. Unfortunately, it is no longer possible to
determine their origin. In addition, there are four
lead seals showing the menorah and the etrog1,
and in one case a shofar2 handed down with an
origin of different findspots in Trier. These objects
could have come to Trier through general trade
and therefore do not enable any conclusions to be
drawn about the presence of a Jewish community.
A less ambiguous piece of evidence is the fragment
of an oil lamp also found in Trier around 400. This is
a confirmed archaeological find, recovered from an
archaeological excavation site at the main market
in 1901. The lamp bears a palm frond on the shoul-
der and a menorah with a tripod base and angled
1 The yellow citron used during Sukkot
2 Ram‘s horn used for Jewish religious purposes
7
arms on the discus. A gravestone fragment from protection for their child, who nevertheless died
St. Maximin may show the base of a menorah. so young. Similar evidence is provided by an
Aramaic inscription on wall plaster from Nyon in
In other areas of Roman Gaul, three further Switzerland. Moreover, an inscription, or graffi-
lamps decorated with Jewish imagery were to, identified as IUDAEA was inscribed on a frag-
found in France, in the Avignon region, in Salig- ment of a plate made from non-ferrous metal or
nac-de-Pons, and in the late-antique oppidum bronze picked up along with other Roman stray
of Lombren near Bagnols-sur-Cèze. An image findings in Essen-Burgaltendorf in Germany in
such as the menorah may well have been owned 1992. As the final component of a proper name,
by people familiar with this image, which was it may indicate a female Jewish owner.
relatively alien to late antique imagery and lar-
gely used in connection with Judaism. While clay Other artifacts occasionally interpreted as
lamps were a commodity, it is unlikely that they Jewish either come from collections of uncer-
would have been purchased for their material tain origin or should be relegated to the field of
value alone – like glass or metal - but rather for magical texts. It is no coincidence that Jewish
the significance of the motifs they bore. images and symbols appeared more frequently
after the use of early Christian imagery – this
Hebrew characters were clearly evident on a is likely to have been more of a reflex than any
now missing oil lamp from the town of Petro- form of competition. From an economic perspec-
nell-Carnuntum near Vienna. Another clear indi- tive, the production and trade of objects bearing
cation of an early Jewish presence is the image Jewish iconography presupposes a customer
of the menorah on finger rings, e.g. the ring base. However, this raises another difficulty with
found in Kaiseraugst, Switzerland and thought existing archaeological sources: any references
to be from the late antique period, and another to the Old Testament made in craftwork from
found in the 19th century in Bordeaux, France, late antiquity or the Early Middle Ages could
no longer traceable today. A ring is clearly a per- indicate either a Jewish or a Christian tradition,
sonal possession and its decorative design has a e.g. the representation of Noah‘s ark on a ring
special association for the wearer. from Brumath in Alsace in France.
While these artifacts may involve a degree of From the Merovingian and Carolingian peri-
uncertainty, a find from the Austrian town of od, i.e. the 5th to 10th centuries, there are few
Halbturn, in the Roman province of Pannonia written sources providing evidence of a Jewish
Prima, provides relatively certain archaeological community in the Frankish Kingdom. However,
evidence of personal Jewish faith. In this town, the silk fabric from the high medieval shrine of
an amulet from the 3rd century was discove- the basilica of St Severin in Cologne is of the
red in a child‘s grave. The amulet consists of a highest archaeological, art historical and Judaic
silver capsule and a small gold leaf inscribed importance. It bears secondary Sogdian inscrip-
with the Shema Yisrael written in Greek letters tions and was used to wrap the bones of bishop
(Συμα Ἰστραήλ ʼΑδων [έ] ʼΕλωή ʼΑδων [έ] ά, „Hear, Severin. Coming from the Eastern Mediterra-
O Israel! The Lord is our God, the Lord is one“). nean, it is dated at some time between 680 and
In the text of the prayer, the mother or parents 890. Where it came from, how it came to Cologne
of the 18-month-old girl are seeking divine and why Hebrew characters spelling a blessing
8Figure 2: Amulet from the Austrian town of Halbturn. Photograph: Gabriele Gattinger, Institute for Prehistoric and
Historical Archaeology, University of Vienna.
9and a name (Joseph) are attached to the fabric is the ancient world they enjoyed a legal and social
unknown, though the Hebrew characters could standing broadly equal to that of other seg-
be attributed to transportation notes written by ments of the population. However, in religious
fabric merchants. It is likely that these notes terms the Jews retained a special status. This is
were not understood in Cologne, but were left on particularly evident in relation to duties in public
the valuable fabric for fear of damaging it. Such office - as can be seen from the law passed in
textiles were not an everyday commodity at that Cologne in 321. Nonetheless, Jews and Chris-
time. tians in antiquity shared the same cultural back-
ground. Similarities (and some differences) in
Evaluation of archaeological artifacts and visual representation are demonstrated, e.g. by
features the art in ancient Mediterranean catacombs and
In isolation, these artifacts and objects cannot details such as the use of the phrase hic requie-
prove the existence of organized Jewish com- scit in pace, widely viewed as Christian, on both
munities at any location in the German-speaking Christian and Jewish epitaphs. This shows the
area in the first millennium – though this is not similarities between the two religions in terms
the case for the neighbouring areas like Panno- of forms of expression - also reflected in the
nia to the south east, today‘s Hungary or France archaeological finds - and thus the difficulties
and Spain. Conclusions that can be drawn from in interpreting archaeological and epigraphic
individual artifacts are limited. The distribution evidence today. Conversion from Judaism to
map fig. 1 showing archaeological features or Christianity is also likely to have occurred at the
artifacts from early Jewish history illustrates time; Simon von Metz, a bishop in late antiquity,
the problem that arises from the small number may have been of Jewish origin. For the aspiring
of existing objects. It is not possible to draw early Christians and the Jews, opportunities for
significant inferences from individual artifacts in development were not equal. Judaism was not
terms of their original context or the presence of perceived as a „mission religion“ and the early
Jews at a particular time in a particular location Christian communities were constantly focused
- as illustrated by the example of the lead seals on their own growth.
above. This problem is compounded by the fact
that dating techniques do not always provide an There are almost no archaeological features
adequate degree of accuracy. In addition to these from the 4th century recognizable as early
difficulties with sources, we cannot assume that Christian churches or places of worship in the
every manufacturer, buyer and owner of objects German-speaking area and the same is true for
bearing Jewish imagery in late antiquity and the Judaism. There is no evidence of typical synago-
early Middle Ages was familiar with iconogra- gue architecture from this early period. Perhaps,
phy and motifs. Caution is therefore required in like the Christians, Jews met in repurposed
interpreting archaeological finds. private rooms, such as the conventiculum ritus
christiani, a place of congregation for Christian
Outcome rituals in Cologne in the middle of the 4th cen-
So, what can be deduced from these meag- tury. There are no archaeological references to a
re existing records of early Judaism from an church in Cologne at this time, though worship
archaeological standpoint? The status of the may have been taken place in a private building.
Jews has always been something special, but in Perhaps after the prohibition of synagogue
10construction described in the Theodosian Code, produced many times since the 5th century.
it was simply not possible for the Jews of late Surviving evidence shows that the compendium
antiquity to build synagogues, regardless of their was promulgated in February 438 and became
number in Roman cities (Cod. Theod. 16, 8.22). legally binding for the whole Roman Empire
If liturgical items – most likely mobile installati- from January 1, 439. This empire-wide validity is
ons made of wood – were removed from private interesting as the separation of the Empire into
rooms used for religious purposes or failed to the Eastern and Western Roman Empire in 395
be preserved, there is no way for archaeological resulted in two Roman emperors, who acted as
methods today to identify these places of wors- co-legislators. Even after the fall of the Western
hip. Archaeological classification of otherwise Roman Empire in 476, the Theodosian Code
unspecific buildings can only succeed in the rare remained valid north of the Alps and formed the
cases where religious objects were built into the basis for subsequent legislation. It therefore
fabric of the building, such as the ancient church constitutes an important source of information
and synagogue at Dura Europos in Syria. about imperial law at that time.
This critical description and classification of The codex consists of a total of 16 books, though
existing sources demonstrates the unique value only books 6 to 16 survive today. Duplications of
of Constantine’s Decree from 321. Surviving the Code date back to the 10th century, though
remains of Jewish culture in the early medieval in most cases only fragments of these remain.
Franconian territory remain extremely rare and, The only copy of the decree from 321 - in the
in the northern Alpine region, those that do exist 16th book of the Code - dates from the 6th
are predominantly located in France. It thus re- century and is held in the Biblioteca Apostolica
mains difficult to determine the extent to which Vaticana in the Vatican (Cod. Reg. Lat. 886). (lc)
Jewish community life existed in antiquity and
continued into the Middle Ages, even in the case
of Cologne. This clearly demonstrates both the 321 - The decree
opportunities and the limits of archaeology as a
historical science. (sr) 321 was a year in an exciting period of upheaval in
late antiquity, between Roman times and the Midd-
le Ages. At that time, new principles of order and
The Theodosian Code administration were established by the Roman Em-
pire. This included collections of laws that had been
Constantine’s decree from 321 has survived as enacted by a series of emperors at different times
a duplicate in a compendium of laws called the and in different places throughout the vast empi-
Theodosian Code (Latin: Codex Theodosianus). re. If a community with a particular legal problem
Created between 429 and 437 on behalf of the turned to the ruler for help, it could usually expect a
Eastern Roman emperor Theodosius II (408-45), legislative solution after a waiting period. This also
this compendium contains all Roman laws and proved to be the case for Cologne, with the decree
imperial constitutions enacted by Constantine being issued on December 11th. This legal text has
the Great and subsequent Roman emperors been preserved in a copy of the Theodosian Code, a
from 312, all in abbreviated form and written collection of different laws from the period between
in Latin. This codex has been copied and re- 312 and 437 that has been repeatedly duplicated.
11Figure 3: The decree in the Code held at the Vatican. Photograph: ® Biblioteca Apostolica Vaticana. Codex Theodosia- nus 16, 8.3. 12
13
The law the legal text if we look at it dispassionately
The letter written by Emperor Constantine to the and scientifically? Which content is sufficiently
governing body of Cologne (decurionibus Agrip- robust to allow us to draw conclusions about
piniensibus) in 321 can be found in section 16, 8.3 Jewish life in ancient Cologne? Without further
of the copy held in the Vatican. The historian Karl speculation or additional theoretical approaches
Leo Noethlichs translated the text as follows: to interpret the circumstances of the law, three
statements can be made:
“Through a law applying to the entire empi-
re, we permit all city councillors to appoint 1. Since the request for the law’s content came
Jews to the city’s governing body. To give from Cologne, it can be concluded - under
them [the Jews] some compensation for the the previously described assumptions on the
previous arrangement, we will allow two or existing evidence - that there were Jews in
three of them […] not to be burdened with Cologne at the beginning of the 320s.
[such] appointments for perpetuity.” 2. At least one of these Jews was wealthy
enough for others to be interested in appo-
Broad interpretations inting him to the city’s governing body, as
This text is usually interpreted as „evidence“ for councillors on this body were required to
the „oldest Jewish community north of the Alps“, use their own funds to support the city. As
which is thus „verified“ in Cologne. Occasionally, the law applied to the entire empire, it is not
it is also supposed that the law was enacted in possible to infer anything about the number
Cologne or had a special meaning for Cologne. of Jewish people in Cologne. Ultimately, the
These interpretations imply that the Jewish emperor added a general flavour to his ans-
community in Cologne was particularly old, large wer to the request from Cologne, so that it
and significant. Sometimes the decree is also could be applied to different circumstances
used to hypothesize the existence of a Jewish throughout the empire.
prayer house in Cologne in the 4th century. Until 3. It is reasonable to assume that every great
a few years ago, an additional law enacted in 330 city in the Roman Empire in late antiquity
and appearing in the Code after the decree of had people of Jewish faith. Thus, the law for
321 was also associated with Cologne. This law Cologne describes the norm, rather than a
mentions religious leaders of a Jewish commu- special case. (sr)
nity. However, according to existing evidence, this
second law was neither requested by Cologne nor
enacted here. It should be emphasized that such 2021: 1700 years of Jewish life
topographical attributions from or to laws could in Germany
easily be mixed up during the copying process. In
many cases, there is no remaining evidence asso- The decree of 321 constitutes the earliest survi-
ciating the texts collected in the Theodosian Code ving written source on the existence of Jews in
with a particular place. Consequently, it remains Central and Northern Europe. Due to its evi-
unknown where the decree of 321 was issued. dentiary nature, the decree has a special value
for Jewish life in Germany. It demonstrates that
The content Jews have lived in the area now known as Ger-
What kind of information can we derive from many since ancient times and have contributed
14to social, cultural and scientific traditions since community. The MiQua, the LVR Jewish Museum
that time. Jews have been part of the German in the Archaeological Quarter of Cologne, is
population, of German society and of German therefore organizing an exhibition focusing on
history for 1700 years. the 1700-year history of Jewish life in Cologne
and throughout Germany to coincide with the
2021 marks 1700 years of Jewish life in Germany German-Jewish year 2021.
and numerous events will take place to celebrate
this as part of a national German-Jewish year. While the decree is the starting point for this ex-
hibition, the “Amsterdam Machzor” will also play
The name of the ‚321-2021: 1700 Years of Jewish an important role. This is a Jewish prayer book
Life in Germany‘ association, founded to orga- from the 13th century, one of the oldest Hebrew
nize and run this German-Jewish year, refers illuminated manuscripts in the German-spea-
to the decree’s birth in year 321. With financial king world. It explicitly refers to Cologne, as
support from the federal government, from it lays down the specific Cologne rite with its
North Rhine-Westphalia and from the city of prayers and liturgical poems. These two sources
Cologne, the association is coordinating events form the centre of the Cologne exhibition, which
and projects that will take place throughout the will use predominantly written evidence to offer
country in 2021. insights into Jewish life in Cologne from its ear-
liest known existence in 321 through the Middle
The aim of this anniversary year is to render the Ages and the early modern period to the present
diverse and vibrant Jewish life in Germany today day.
and its 1700-year history tangible and apparent.
At the same time, it will highlight the European The focus on written evidence is a direct conse-
aspect of Jewish history and culture, and place quence of the fact that the majority of existing
particular emphasis on the prospect of a joint sources on Jewish life in Germany are in written
future for Jewish and non-Jewish people. form, including the decree. At a deeper level
this also highlights the value of the written word
The association is the central point of contact for for the Jews, beyond their religion. Knowledge
all institutions, associations and Jewish com- and education, reading and writing are essential
munities that wish to shape the German-Jewish foundations for every Jewish community mem-
year 2021 with their own projects. ber. These two levels are partly expressed by
For more information, see: www.1700jahre.de, religious exhibits of great artistic value, such as
email: info@1700jahre.de the Machsor or the richly decorated Haggada
by Isaac Offenbach, together with historical do-
LVR and MiQua lighthouse projects in the Ger- cuments centred on the rights, obligations and
man-Jewish year 2021 living conditions of the Jews in Cologne.
Despite the fact that the decree of 321 is viewed
as an indication that Jewish people lived in most A touring exhibition will be on show at various
ancient cities, rather than Cologne occupying a locations throughout Germany in 2021 and a
special position, it is still of particular importan- larger exhibition containing the original exhibits
ce to Cologne. The city is explicitly mentioned in in Cologne will mark the end of the German-Je-
the context of the earliest evidence of a Jewish wish year 2021.
15Figure 4: The Amsterdam Machzor. Photograph: Klaus W. Schmidt
Additional programmes such as a public lecture The history of the Jewish people of Cologne ser-
series, a symposium and supplementary pro- ves as an example for the whole of Germany. The
jects will contribute to making the German-Je- anniversary year in 2021 will play an important
wish year an auspicious and multifaceted time role in enabling people to experience 1700 years
for dissemination and exchange. Jewish life and to understand how it forms an
integral part of German history and German
culture. (lc)
16Impressum Publisher: MiQua. LVR-Jewish Museum in the Archaeological Quarter Cologne Gürzenich Quartier Augustinerstraße 10–12, 50667 Köln A contribution by the LVR as part of the project: www.1700jahre.de Contact: Dr. Thomas Otten, Director of the MiQua. LVR-Jewish Museum in the Archaeological Quarter Cologne Authors: Dr. Laura Cohen, Academic advisor of the “2021 – Je- wish life in Germany” project (lc) Dr. Thomas Otten, Director of the MiQua. LVR-Jewish Museum in the Archaeological Quarter Cologne (to) Prof. Dr. Sebastian Ristow, Academic advisor, MiQua. LVR-Jewish Museum in the Archaeological Quarter Cologne (sr) Front cover photograph: Decree of 321 Photograph: ® Biblioteca Apostolica Vaticana. Codex Theodosianus 16, 8.3. Back cover photograph: Colossal head of Emperor Constantine in the courtyard of the Palace of Conservators in Rome Photograph: Sebastian Ristow Printing and layout: LVR-Druckerei, Inklusionsabteilung Tel 0221 809-2418 ISBN: 978-3-96719-004-5
MiQua. LVR-Jewish Museum in the Archaeological Quarter Cologne ISBN: 978-3-96719-004-5 Gürzenich Quartier, Augustinerstraße 10–12, 50667 Cologne www.miqua.lvr.de
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